The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-07-28

| S0V0u QdyS nuIuD0T IOE LHO OulG0u
States 147; for Canada, %. Total 172.
| for the corresponding week last year.
NATIONAL AFFAIRS.
WASHINGTON, July 22.-The follow
ing is the text of the Attorney-Gener-
ais opinion with regard to the act to
restrict ownership of real estate in the
territories to American citizens:
DEPARTMENT OF JUSTICE, WASH
lNGToN, D. c., May 20, 1887. s
To the President:
a reply to your inquiries must be de
rived from an Interpretation of the act
| of March 8, 1887, entitled IAN act to
restrict the ownership of real estate in
/ the territories to American citizens,
and so forth" The inquiries are:
First. Was the act intended to ap-
ply and does it apply to mines?
| Seeond.-Can aliens lawfully acquire,
| own and hold shares OF stock issued by
| an American corporation which Is the
| owner of mineral lands in the terrific
ries.
Third.-Would the advancement of
money by aliens for the purpose of de-
veloping mining property be lawful I'M
der the act.
Fourth.-Can aliens lawfully con-
|
| ing mines or making any proper use OF
mineral lands for term of years.
The first section of the act forbids
aliens who have not declared
their intention to become citizens
| of the United States, and alien
corporations Ito hereafter acquire,
hold or own real estate so hereafter
acquired or any interest therein in the
| territory of the United States, or in the
i of 10 in
enumerated in the exception and
proYiso to the section.
The second section forbids the Operat-
| ing, holding or owning OF such real
estate hereafter acquired by any cor
| corporation or association in which
more than 20 per cent. of the stock, is or
may be owned by persons, corportions
| or associations not citizens OF the
/ United States.
The third section forbids corpora
| lions other than railway, canal or turn
pike companies to hearafter acquire,
| hold or own more than 5000 acres of
land hereafter acquired, and limits rail-
| way, canal and turnpike companies in
| their acquisition to such lands as may
be necessary to the proper operation of
their roads, canals or turnpikes.
The fourth section provides for the
forfeiture of the property for violations
1
The property forbidden to be acquir-
ed, held or owned in the first section is
''real estate or any interest therein. u
The term real estate is very compre-
henSiVe. 1t includes lands and every
estate that may be inherited which is
annexed to, arises out of, or is eXercis-
able therein. This embraces agricul-
tural, mineral, desert and timber lands
and town sites alike. The phrase ''any
1 S,c hot hi
Gus. It might bear the construction
that a lease for years is an interest
in lands and land is real
estate; therefore a lease fol
years is an interest in real estate
1t admits of another construction, viz.
That the words ''any interest therein
must refer to an interest in real estate
that lease for years or any estate less
than a freehold in land is not real eS
tate, but chattel real, and is 81
known in law; that the word therein
refers to what in law is known as rea
estate, and as lease for years is moi
so known it does not include a lease
In this view of the act the tern
would signify any proportionate par
or interest in what is known in law al
real estate, and as a lease for years Ii
not so known it does not include /;
lease. In this view of the act the tern
1
or interest in what Is known in law a
real property, which as such WoulG
pass at the death of the ancestor to thu
, heir and not to the administrator o
executor. 1t was not the purpose o
the law to change the whole policy o
the Government to such an extent as +
J exclude emigration, and forbid to al
) alien even a lawful temporary feSidenc
! in the territories of the Government
and the District of Columbia. Yet tn
I first construction suggested would Ell
4 feet that result. Under it the OWne
of property in the District of COlumbi
/ could not lawfully lease even for
; month dwelling to one not a either
: The alien emigrant to the territorie
: who had hoped and intended as cit
f zen in the future to make his HON
= there could not lawfully obtain a builI
q ing in which to shelter his family
Such considerations as these enforC
the view that the latter construction
in accordance with the intent of til
legislation and that bona fide lease
= are not to come within the inhabitatio
of the act.
& The exception of the first section n
y lieves from its provisions such rel
!. estate or interests therein as may
acquired in the ordinary course {
Justice in the collection of debts cor
1t tracted before the passage of the &C
n but those provisions attach with fu
= force to debts contracted since its pas
age.
b ''No corporation shall hereafter a
Ie Quire, or hold, or own any real eStai
re hereafter acquired" relates to a
lie future operations of any corporation
d real estate in the territories or the Di
le trict of Columbia. 1t does not dive
le any rights now existing nor precluC
I'd any American corporations holdiI
S, real estate now owned by them eve
So their stock may be owned by 9th
10 than citizens, but in ca
y; more than 20 per cent of their sto,
lie now is or at any future time should
t, held and owned by others not citizel
r. or American corporations while SUI
q, per cent of stock is so held and own
a no further acquisition can be made
real estate by any such corporatio
ly The act does not deny the right
at American owners TO borrow mon
5, from aliens, nor to secure su
at loans on real estate, but In the eve
IL of a sale on future loan the ali
w creditor could not at such sale becoI
IS, a purchaser. l therefore reply to
as inquiries submitted as follows:
no First as mines and real estate are
sw heriGable interest in real estate the q
ais does not apply to them. Second,
an stock in corporation is personal,
rs, alien can lawfully have. own and ht
BIS such sto X issued by an American @
IRE poration which Is now the owner
mt mineral lands in territories, but If |
in holding by aliens exceeds 20 per CO
III. such corporation can neither acqui
OF hold, own nor hereafter acquire I
its estate while more than 20 per cent
me stock is held and owned by aliens.
net Third, under the act the advar